Court : Punjab and Haryana
Reported in : 1975CriLJ1974
..... october 31, 1974, when the incriminating writing on the container of an empty packet of cigarettes was recovered from his possession. the assistant commandant of the border security force who arrested asgar near pul kanjari sent a raqa for the registration of the case at police station, gharinda. the registration of the first information report, ..... in this court in criminal writ petition no. 216 of 1974. in the meantime, the conservation of foreign exchange and prevention of smuggling activities act, 1974 (hereinafter called the act), was passed by the parliament of india. the earlier order of detention of the petitioner lapsed on december 19, 1974. thereafter, the petitioner ..... him in exercise of the powers vested in him under the maintenance of internal security act, 1971, as amended by the maintenance of internal security (amendment) ordinance, 1974, and clause (c) of sub-section (6) of section 6 of the defence of india act, 1971. the grounds of detention were served upon him on november 3, .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1973P& H19
..... wife and also against the doctor, who treated her, the wife is fully justified in bidding good-bye to his hearth and home and seek assylum for her safety and security under the roof of her parents. it is not at all a case, in which there in any justification for the stand of the husband that she had withdrawn herself ..... kaur. it is directed against the judgment of shri ved prakash. senior subordinate judge, amritsar dated december 24, 1965 dismissing petition under section 9 of the hindu marriage act, 1955 hereinafter called the act, filed against the respondent for restitution of conjugal rights. the facts leading to the appeal are as under:--the parties were married on april 21, 1963 at village .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1973P& H24
..... counsel submitted that if the respondent was not a man of good character and was leader of desperados, the cancellation of his licence would obviously be necessary for the security of the public peace. learned counsel also contended that under the law, in an administrative order of this kind, it was not necessary for the district magistrate to ..... for the state to the effect that even though the district magistrate had not given the requisite finding as required by section 17(3)(b) of the arms act, but the same finding had been recorded by the appellate authority by observing that firstly it was the district magistrate and not the commissioner, who had to give ..... on the report of this very station house officer, the district magistrate, amritsar, on 26th november, 1966 cancelled the licence of mangat rai under section 17(3) of the arms act, 1959. in the said order, he stated:' * * * and whereas the cause shown by the licensee has been considered and it has been found out that though shri .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1972P& H430
..... qadim and banjar jadid was really of not that category. his conclusion was that those lands fell within the scope of section 2(8) of the punjab security of land tenures act. in any case their lordships refused to interfere with the judgment of this court on the ground that the question whether the disputed land was banjar qadim or ..... observed that the commissioner in a previous appeal had determined that 76 standard acres of land comprised the holding of the petitioner at the commencement of the punjab security of land tenures act. out of this land, the collector had declared 23 standard acres and 93/4 units as the land in possession of the old tenants, and after deducting ..... these pieces of land did not fall within the definition of 'land' as defined in section 4(1) of the punjab tenancy act, which definition has been adopted in section 2(8) of the punjab security of land tenures act.3. the second contention of the learned counsel is that killa no. 14 of rectangle no. 45 is shown in the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1970P& H157
..... or other disposition of land effected 'after the 1st february, 1955, shall affect the rights of the tenant thereon under this act'.' 8. the next amendment of the act came into force in the year 1957 by the punjab security of land tenures (amendment) act, 1957, (puniab act no. 46 of 1957). certain changes were made in section 2 (5-a) by section of the amending ..... . the concept of 'surplus area' was introduced for the firts time into the principal act by the punjab security of land tenures (amendment) act (11 of 1955) (hereinafter referred to as the 1955 act), which came into force on may 26, 1955. one of the specified objects of enacting the 1955 act was 'to introduce the new concept of 'surplus area' and its utilisation by the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1969P& H422
..... the division bench, made the following observations before entering into the merits of the legal controversy:-'it does appear and is not disputed before us that the punjab security of land tenures act, section 19-a, does prohibit the acquisition of land by an individual beyond the permissible area which admittedly is 30 standard acres, and, if we could be ..... granting of a pre-emption decree the pre-emptor becomes the owner of the land he is seeking to pre-empt. the decree is merely contingent and comes into force when the pre-emption amount is deposited in court and certainly not before this so that there is no way of finding out at the time of the decree ..... of the happening of a specified event, is contained in section 3 of the punjab registration of money lenders' act (3 of 1938), which provides inter alia that notwithstanding anything contained in any other enactment for the time being in force, a suit by a money-lender for the recovery of a loan, shall be dismissed unless the money-lender .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1968P& H267; 1967CriLJ909
..... petitioner was in the army could not pursue this case. in the first place, the petitioner was not in the army but was certainly in the border security force, where the officers have to serve under conditions which are more or less similar to those prevailing in the army however, before the learned additional director ..... according to the allegations in the petition after repartition petitioners approached the settlement officer then the assistant director and ultimately the director under section 42 of the act. surprisingly enough no copy of order of any of the consolidation authorities has been placed on the record. it can, therefore, be safely presumed that ..... object of consolidating holdings and for no other purpose. inter alia it was observed as follows:'while preparing a scheme for the consolidation of holdings, the act of course, authorises reservation of land for common purposes, but that seems to me to be an incidental power conferred by the statute exercisable when consolidating .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1968P& H479
..... excise auction regarding village pakhowal, district luhiana, for the retail vend of country liquor held for the year 1944-45, bir singh was the highest bidder and, accordingly, secured the licence at the annual licence fee of rs. 10,900. the terms and conditions were those that had been promulgated at the time of the auction. the ..... on a contrary view expressed in fakira singh v. maiho singh, air 1917 pat 448 (450) where it was positively ruled that-'the section applies with equal force and effect if a debtor disposes of his property with the intention of defeating one single creditor.' our learned brother agreed with this view and observed that he did ..... property is not a substantive right but is purely procedural right. this decision took the view that a creditor cannot sue under section 42 of the specific relief act for a bare declaration that a transfer has been made by his judgment-debtor fraudulently with intent to defeat or delay his creditors. these observations certainly support the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1966P& H384
..... considered desirable to exclude the property in question from requisitioning because due to the prevailing conditions in the country and proximity of the wing to the international border the security requirements were to be affected. the government has further stated that after the rejection of the petitioner's representation, fresh notices have been issued to him ..... officer in his order for making requisitions cannot be assailed in any court except possibly on the ground of mala fides. i do not, therefore, find any force even in this contention of mr. mahajan.6. it was then faintly argued that the fundamental right guaranteed by the constitution under article 19(1)(f) of ..... pursuance of this act shall interfere with the ordinary avocations of life and the enjoyment of property as little as may be consonant with the purpose of ensuring the public safety and interest and the defence of india and civil defence.'the argument of the learned counsel has, in my opinion, no force. the provisions of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1966P& H293
..... commissioner agreed to allow payment of the assessee's liability by instalments on the (sic)ndition that other persons, his wife and sons in the present case, furnished security bonds creating a charge on their individual properties in the event of any default in payment of the agreed instalments, the agreement between the commissioner and the assessee ..... this amendment showed that the article as it stood clearly did not cover surety bonds executed in favour of courts, but in my opinion it can be equally forcefully argued that the amendment shows that the legislature was anxious to resolve doubts and expressed what its intention had been all along. it would appeal that in punjab ..... due performance of a contract made by the insolvent to appear and the surety to produce him in court under the provisions of section 21 of the insolvency act, and under the terms of article 57 itself even a mortage bond executed for this purpose is to be stamped under this article. the other decision was virtually .....
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